D.A. clears officer in shooting

SANTA ANA – A school police officer was justified in shooting a 19-year-old who drove toward police during a 2011 attempted traffic stop, an investigation by the Orange County District Attorney's Office has determined.

District attorney's investigators concluded that officer Rick Lopez acted reasonably when he shot at Gabriel Giovanni Hernandez, 19, striking him at least once, after Hernandez accelerated toward Lopez on Jan. 11, 2011, according to a letter released Monday outlining the investigation's results.

Lopez and another school police officer were monitoring traffic at North Fairview Street and Civic Center Drive West, near three schools, shortly after 10 a.m. when they reported spotting Hernandez in a Hyundai Azera ignoring a mandatory right-turn lane and starting to drive through an intersection.

The two officers said they walked toward Hernandez's vehicle and motioned for him to stop. According to the district attorney's report, Hernandez slowed and then accelerated at Lopez, who was about 20 to 30 feet away.

Lopez, who described Hernandez as "gun(ning) or floor(ing) the vehicle at him," jumped out of the way and fired four shots at the car as it drove away.

Hernandez reportedly drove to an acquaintance's home, telling people there he had been in a fight. A relative of the acquaintance told Hernandez to leave and noticed that he had a gunshot wound. Another witness in the neighborhood reported hearing Hernandez acknowledge that he had been shot by police, according to the report.

Police found Hernandez hiding in bushes at the home and took him into custody. The vehicle, which police determined had been stolen from Fountain Valley, also was recovered.

Hernandez told authorities that he didn't know the car was stolen and that he had panicked when he saw the officers stopping traffic, worrying that the car would be towed since he didn't have a license, according to the report. He denied speeding toward the officers and claimed the shooting was "unprovoked."

Investigators determined that Lopez had the right to "defend himself" and his fellow officer.

In June 2012, Hernandez pleaded guilty to felony assault with a deadly weapon and unlawful driving of a vehicle charges and was sentenced to three years in state prison. He also pleaded guilty in a separate case to a variety of felonies, including unlawful driving of a vehicle and failing to appear in court, and was sentenced to an additional 16 months in state prison.